Employment-Based Immigration

Attorney-led review for professionals, founders, employers, and specialized workers considering U.S. work or immigrant visa options.

  1. 01

    Best fit: Employers, founders, researchers, artists, executives, and specialized workers.

  2. 02

    Review focus: Route scoping for temporary work, permanent residence, sponsorship, and self-petition questions.

  3. 03

    Request consultation before choosing a filing path.

Employment-Based Immigration services.

Employment-based immigration work is organized around two different questions: whether the goal is permanent residence through an employment-based green card, or temporary authorization through a nonimmigrant work or visitor category. The right starting point depends on the role, credentials, employer or self-petition posture, timing, travel needs, and available records.

The firm assists employers, founders, professionals, researchers, artists, executives, and specialized workers with case strategy, eligibility analysis, documentation, RFE and NOID responses, renewals, amendments, extensions, adjustment of status, and consular processing questions.

Green cards and temporary visa categories are separated first.

The columns below keep permanent-residence options separate from nonimmigrant work and visitor categories.

Employment-based green cards

Permanent residence routes

  • EB-1A extraordinary abilityA first-preference immigrant category for individuals who can document extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. A qualifying applicant may self-petition and does not need a specific job offer or labor certification, but the case must show continuing work in the area of expertise and meet USCIS evidentiary standards.
  • EB-2 National Interest Waiver (NIW)A second-preference immigrant option for people who first qualify under EB-2 as advanced-degree professionals or persons of exceptional ability, then ask USCIS to waive the job-offer and labor-certification requirements because the proposed work is in the national interest. USCIS reviews the totality of the evidence.
  • EB-2 / EB-3 with PERMEmployer-sponsored green-card paths that generally involve a permanent job offer and Department of Labor permanent labor certification before USCIS adjudicates the immigrant petition. EB-2 generally covers advanced-degree professionals or persons of exceptional ability, while EB-3 covers skilled workers, professionals, and other workers.

Nonimmigrant work and visitor visas

Temporary or purpose-limited routes

  • O-1 extraordinary abilityA temporary nonimmigrant classification for individuals with extraordinary ability in sciences, arts, education, business, or athletics, or extraordinary achievement in motion picture or television. The person must be coming temporarily to the United States to continue work in that area.
  • H-1B specialty occupationA temporary employer-sponsored work category for specialty occupations. Planning often involves the job duties, degree relationship, wage and labor-condition steps, cap or cap-exempt timing, portability, amendments, transfers, and extensions.
  • L-1 intracompany transfereeA temporary category that allows qualifying multinational organizations to transfer certain employees from an affiliated foreign office to a U.S. office. L-1A is for executives and managers; L-1B is for employees with specialized knowledge. The employer must show the qualifying corporate relationship and the employee's prior qualifying work abroad.
  • TN professionalsA USMCA category that permits qualified Canadian and Mexican citizens to seek temporary entry to work in listed professional occupations. The role must be prearranged with a U.S. employer or entity, and the applicant must have the required qualifications for the profession.
  • E-1 treaty traderA treaty-based category connected to substantial trade principally between the United States and the treaty country. The record usually focuses on nationality, trade volume, qualifying transactions, and the applicant's role.
  • E-2 treaty investorA treaty-based category for nationals of qualifying countries who invest a substantial amount of capital in a U.S. business, as well as certain qualifying employees. The record usually focuses on source and control of funds, business viability, ownership, nationality, and the applicant's role.
  • E-3 Australian specialty occupationA specialty-occupation category for Australian nationals coming to the United States solely to work in a specialty occupation. A consultation can review the U.S. job offer, credentials, licensing if required, Labor Condition Application timing, and whether the role is framed as a specialty occupation.
  • J-1 exchange visitorA category for participants approved for Department of State-designated educational and cultural exchange programs. Some J-1 exchange visitors may be subject to the two-year home-country physical presence requirement, so the DS-2019 record, funding source, skills-list issues, advisory opinions, and waiver options may need review.
  • B-1 / B-2 visitor visasVisitor categories for temporary travel to the United States for business, tourism, or both. B-1 may cover limited business activities; B-2 may cover tourism, family visits, medical treatment, and similar temporary purposes. Visitor classification is not work authorization.

Next step

Request attorney review for an employment-based immigration question.

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